Legal Opinion

People v. Clemons

New York Court of Appeals

Decided June 11, 1991PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

The right to a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4),1 although firmly rooted in our law, is neither inflexible nor absolute, and at times must be balanced against other competing interests which are essential to the fair administration of justice. The present appeal requires us to consider whether, in context of this rape prosecution, that balance was properly struck when the trial court, after conducting no more than a perfunctory inquiry of *50counsel and without articulating any basis for its ruling on the record, ordered…

2Cases cited19 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. In Re OliverSupreme Court of the United States · 1948
  3. Waller v. GeorgiaSupreme Court of the United States · 1984
  4. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  5. Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.Supreme Court of the United States · 1984

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. People v. KanNew York Court of Appeals · 1991
  2. Andre Brown v. Robert Kuhlmann, Superintendent of Sullivan Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  3. Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1994
  4. People v. TolentinoNew York Court of Appeals · 1997
  5. People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1992

20 more not listed; retrieve them via the Exa API.

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